In the matter of the A and B Trusts [2018] JRC 068 (10 April 2018)

In the matter of the A and B Trusts [2018] JRC 068 (10 April 2018)

Requests for further particulars regarding legal foundation, asset identification, meaning of 'purported to agree', and breach of duty allegations are justified and must be answered by the third to twelfth respondents; pleadings must be sufficiently clear to allow the opposing party to understand the case they must meet.

Citation
[2018] JRC 068
Parties
Representor: Present trustees of A Trust and B Trust; Respondent: Third to twelfth respondents; Respondent: Minor and unborn beneficiaries; Respondent: Adult children of first and second respondents
Jurisdiction
Jersey
Judgment Date
10 April 2018
Procedural Posture
Trust Dispute / Directions Hearing Regarding Particulars of Claim
Outcome
Requests for further particulars granted; directions issued for amended answer and expert evidence.
Legal Topics
Pleadings, Discovery, Breach of Fiduciary Duty, Undue Influence, Costs Orders
Trusts Civil Procedure Pleadings Discovery Breach of Fiduciary Duty Undue Influence Costs Orders

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Parties

Present trustees of A Trust and B Trust

Representor

Third to twelfth respondents

Respondent

Minor and unborn beneficiaries

Respondent

Adult children of first and second respondents

Respondent

Procedural Posture

Trust Dispute / Directions Hearing Regarding Particulars of Claim

Legal Issues

  1. 1 Whether settlor's assets were validly settled into A Trust and B Trust
  2. 2 Adequacy of particulars of claim regarding asset transfers
  3. 3 Legal foundation for challenging asset transfers under Jersey or Guernsey law

Ratio Decidendi

Requests for further particulars regarding legal foundation, asset identification, meaning of 'purported to agree', and breach of duty allegations are justified and must be answered by the third to twelfth respondents; pleadings must be sufficiently clear to allow the opposing party to understand the case they must meet.

Court Disposition

Requests for further particulars granted; directions issued for amended answer and expert evidence.

Orders

  • Third to twelfth respondents must answer specified requests for further particulars.
  • Permission granted to amend particulars of claim.